(2024-044391) [2026] ZAGPPHC 648 (22 June 2026)<\/p>\n
Brief Facts<\/b><\/span><\/span><\/p>\n [2]\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 It is common cause that on or about 9 December 2013 the respondent was granted a permanent residence permit to reside in South Africa.\u00a0 It is also common cause that he was married to a South African citizen for a period in excess of 5 years.\u00a0 On 13 November 2023 the respondent attended at the offices of the Department of Home Affairs to confirm the requirements for an application for citizenship.\u00a0 The attendant official stated that only an application for verification of his permanent residence permit could be submitted.\u00a0 On 6 June 2024, the respondent\u2019s junior counsel, Ms Granova, was called by an official from the same department requesting a clearer copy of the permanent residence certificate, which was duly furnished.\u00a0 It is common cause that the respondent\u2019s application for citizenship was refused and that only an application for verification of the permanent residence permit could be submitted.<\/span><\/span><\/p>\n [3]\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 On or about 23 April 2024, an application to this court was sought for the review of the decision of the department in its refusal of the respondent\u2019s application for citizenship by naturalisation.\u00a0 The matter was set down and hear on the unopposed motion roll of 9 September 2024.\u00a0 On order was granted by the Court on the following terms:<\/span><\/span><\/p>\n \u201c1. The failure and\/or refusal by the first and\/or second respondent(s) to allow submission of and\/or accept an application to have the applicant\u2019s birth registered in terms of the provisions of the Births and deaths Registration Act 51 of 1992 is reviewed and set aside;<\/i><\/span><\/span><\/p>\n 2. The applicant is declared a citizen of the Republic of South Africa by naturalisation in terms of the Citizenship Act 88 of 1995, as amended;<\/i><\/span><\/span><\/p>\n 3. The first and\/or second respondent(s) are ordered to take all necessary steps within 30 (thirty) days of the date of this Order, to:<\/i><\/span><\/span><\/p>\n 3.1 Register the applicant\u2019s birth in terms of Section 13 of the Births and Deaths Registration Act, as amended;<\/i><\/span><\/span><\/p>\n 3.2 Issue the applicant with written recognition of his citizenship of the Republic of South Africa by naturalization as contemplated in Section 5 of the Citizenship Act 88 of 1995, as amended; and<\/i><\/span><\/span><\/p>\n